Through a focused and systematic examination of late medieval scholastic writers - theologians, philosophers and jurists - Joseph Canning explores how ideas about power and legitimate authority were developed over the 'long fourteenth century'. The author provides a new model for understanding late medieval political thought, taking full account of the intensive engagement with political reality characteristic of writers in this period. He argues that they used Aristotelian and Augustinian ideas to develop radically new approaches to power and authority, especially in response to political and religious crises. The book examines the disputes between King Philip IV of France and Pope Boniface VIII and draws upon the writings of Dante Alighieri, Marsilius of Padua, William of Ockham, Bartolus, Baldus and John Wyclif to demonstrate the variety of forms of discourse used in the period. It focuses on the most fundamental problem in the history of political thought - where does legitimate authority lie?
An award-winning scholar's sweeping history of American secularism, from Jefferson to Trump "Insights that are both illuminating and alarming."--Linda Greenhouse, New York Review of Books "An essential book for understanding today's culture wars. Sehat's clear-eyed and elegant narrative will change how you think about our supposedly secular age."--Molly Worthen, University of North Carolina at Chapel Hill In This Earthly Frame, David Sehat narrates the making of American secularism through its most prominent proponents and most significant detractors. He shows how its foundations were laid in the U.S. Constitution and how it fully emerged only in the twentieth century. Religious and nonreligious Jews, liberal Protestants, apocalyptic sects like the Jehovah's Witnesses, and antireligious activists all used the courts and the constitutional language of the First Amendment to create the secular order. Then, over the past fifty years, many religious conservatives turned against that order, emphasizing their religious freedom. Avoiding both polemic and lament, Sehat offers a powerful reinterpretation of American secularism and a clear framework for understanding the religiously infused conflict of the present.
Ambivalence towards kings, and other sovereign powers, is deep-seated in medieval culture: sovereigns might provide justice, but were always potential tyrants, who usurped power and 'stole' through taxation. Rebel Barons writes the history of this ambivalence, which was especially acute in England, France, and Italy in the twelfth to fifteenth centuries, when the modern ideology of sovereignty, arguing for monopolies on justice and the legitimate use of violence, was developed. Sovereign powers asserted themselves militarily and economically provoking complex phenomena of resistance by aristocrats. This volume argues that the chansons de geste, the key genre for disseminating models of violent noble opposition to sovereigns, offer a powerful way of understanding acts of resistance. Traditionally seen as France's epic literary monuments - the Chanson de Roland is often presented as foundational of French literature - chansons de geste in fact come from areas antagonistic to France, such as Burgundy, England, Flanders, Occitania, and Italy, where they were reworked repeatedly from the twelfth century to the fifteenth and recast into prose and chronicle forms. Rebel baron narratives were the principal vehicle for aristocratic concerns about tyranny, for models of violent opposition to sovereigns and for fantasies of escape from the Carolingian world via crusade and Oriental adventures. Rebel Barons reads this corpus across its full range of historical and geographical relevance, and through changes in form, as well as placing it in dialogue with medieval political theory, to bring out the contributions of literary texts to political debates. Revealing the widespread and long-lived importance of these anti-royalist works supporting regional aristocratic rights to feud and revolt, Rebel Barons reshapes our knowledge of reactions to changing political realities at a crux period in European history.
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.
La singularité de la criminalité des gouvernants ou de leurs actes peccamineux réside dans la rareté des condamnations qu’ils ont subies. En examinant sur la longue durée, les formes de dénonciation de ces délits des hommes de pouvoir, le livre essaie de comprendre les raisons qui aboutissent à la rupture du consensus et à la remise en cause de l’acceptation sociale des traditions jusqu’alors tolérées (corruption, extorsion, abus en tout genre). Les différentes contributions examinent les conditions de ces condamnations, morales et politiques, et dessinent un tableau nuancé de ces pathologies du pouvoir qui loin d’être invariables dans le temps sont articulées aux paradigmes moraux de chaque société historique. Les contributeurs sont: Nathalie Barrandon, Anne-Catherine Baudoin, Franck Collard, Kathleen Crowther, Angela De Benedictis, Silvia Di Paolo, Julien Dubouloz, Patrick Gilli, Cedric Giraud, Thomas Granier, Laurent Guitton, Charles Guerin, Corinne Manchio, Nancy McLoughin, Hélène Ménard, Richard Newhauser, Flocel Sabaté, Armand Strubel, Julien Théry et Silvana Vecchio English: What is singular about the criminality of rulers or their sinful acts is how rarely they are convicted. Through a long-term study of the forms of denunciation of crimes committed by those who hold power, this book tries to understand the reasons that lead to breaking the consensus and calling into question the social acceptance of traditions which had hitherto been tolerated (corruption, extortion, different types of abuse). The various contributions investigate the moral and political conditions of these convictions, and give a well-balanced account of these pathologies of power: far from being invariable over time, they are consistent with the moral paradigms of each society in history.
Deposing Monarchs analyses depositions in Northern Europe between 1500 and 1700 as a type of frequent political conflict which allows to present new ideas on early modern state formation, monarchy, and the conventions of royal rulership. The book revises earlier conceptualizations of depositions as isolated, unique events that emerged in the context of national historiographies. An examination of the official legitimations of depositions reveals that in times of crisis, concepts of tradition, rule of law, and political consensus are much more influential than the divine right of kings. Tracing the similarities and differences of depositions in Northern Europe transnationally and diachronically, the book shows monarchical succession as more non-linear than previously presumed. It offers a transferable model of the different elements needed in depositions, such as opposition to the monarch by multiple groups in a realm, the need for a convincing rival candidate, and a legitimation based on political traditions or religious ideas. Furthermore, the book bolsters our understanding of authority and rule as a constant process of negotiation, adding to recent research on political culture, and on the cultural history of politics.